The Atlanta-based firm of Ogletree, Deakins,
Nash, Smoak, & Stewart, P.C., was selected, and
a national flat-fee arrangement negotiated.
According to Shareholder Chuck Baldwin, the
firm has a penchant for innovation that was
handed down by one of its founding partners.
A big flat-fee deal with Tyco more than a
decade ago gave the firm an opportunity to
get out in front with large portfolio work; they
subsequently productized the experience as the
“Ogletree Deakins Advantage.”

“The questions hhgregg asked were very
forward-thinking and teamwork-based,” says
Baldwin. “It was clear that they were looking
for a true partner as they sought process
improvement in how they handled these
issues.”

Ogletree Deakins conducted an audit that
analyzed past litigation, company policies, and
employment documents to identify problematic
practices, as well as specific needs for employee
training, personnel, or policy changes. Changes
included revising the associate employment
agreement to include a mandatory arbitration
clause, and proactively training management
staff in HR-related matters. For hhgregg, which
had been “targeted by plaintiffs’ lawyers for
wage-and-hour issues,” according to Baldwin,
the mandatory arbitration clause was “a real
catalyst in mitigating wage-and-hour class
action lawsuits,” Young says. A dedicated legal
project analyst at Ogletree Deakins coordinated
the relationship, maintaining responsibility
for plans and budgets, status reports, status
meetings, and an annual review.

Technology tools were put in place to stream-line and support the handling of L&E issues andto provide consistent guidance. They includedsoftware for tracking detailed informationand status on administrative discriminationcharges, a secure extranet for communica-tion and information sharing, a secure intranetused by Ogletree Deakins staff as a central-ized location for matter management, and aknowledge management collection curated bya reference librarian. Best of all was a propri-etary web-based, self-help resource for stayingin compliance with federal and state employ-ment laws called O-D Comply, says Greenawald,that “allowed us to model the implications of achange in pay or policy. It’s a fabulous tool.”To achieve more efficient and cost effectivehandling of legal requests, the NationalEmployee Relations Manager at hhgreggbecame the point person for managing staffrequests for legal advice. A customizedextranet containing a web-based compliancetool and a log of past counseling requestswas implemented, which can be accessed fora solution. If no pre-determined solution isfound, a request is sent to Ogletree Deakinsand handled by an attorney with subject matterexpertise. Response time plummeted from anaverage of 8 or 9 days to a matter of minutes.

Other results are just as impressive: hhgregg
has realized savings of more than 44 percent in
outside legal spend during the first two years of
engagement. Claims have been reduced by 60
percent and litigation by 74 percent. hhgregg’s
average settlement amount is 27 percent of the
national average.

It’s a partnership and a solution for the long run,
says current hhgregg General Counsel Candace
Bankovich. “In a retail environment with so
many employees, one of my first concerns
would have been labor and employment,”
she says. “This arrangement makes me feel
comfortable. We haven’t had a single-plaintiff
employment litigation matter for two years, so
we are doing something right.”

In this fulsome program, the client and law firm built a strongpartnership with a value-based fee arrangement; implementedtechnology to support processes; and, best of all, helped reducelitigation and risk.